Square Circle HR Ltd

New Employment Legislation in 2010

Right to request time off for training

For companies with more than 250 employees – from April this year an employee has the right to request time off for training which is specific to their job.  This will be extended to cover all companies from April 2011 

 Additional Paternity Leave

Came into force in April this year but applies to anyone who meets current criteria for Paternity Leave and whose baby is born on or after 3 April 2011 or has been notified that they have been matched for adoption on or after that date and whose partner is returning to work before end of maternity entitlement

Leave can be up to 26 weeks, some could be paid if mother has returned before the end of 39 week period of Statutory Maternity Pay.

Equalities Act

Brings together all various equalities legislation to harmonise discrimination law – sex, age, disability, sexual orientation, gender reassignment, religion or belief, race, pregnancy & maternity, marriage & civil partnerships

Now refers to ‘protected characteristics' and changes the definition of direct and indirect discrimination slightly.

Includes discrimination by association

Includes the requirement for companies with more than 250 employees to provide gender pay gap information from 2013 and outlaws pay secrecy clauses.

Also specifically states that positive action is permitted – where it can be shown that this is to address an imbalance in the workforce 

Agency Workers

Agency Workers will be entitled to the same terms and conditions as the company’s staff after working with them for 12 weeks or more.  This will include holidays, rate of pay, access to pension or a similar amount of remuneration.

This will come into force in Oct 2011 but it would be worth starting to plan for this now – it may be that companies decide it is no longer worth while using agency workers if they will work for them for longer than 12 weeks.

One benefit that still remains is that, if the person proves to be unsuitable, the company simply tells the agency and they will replace the worker.